Sometimes roofers just don’t play by the rules as we do at David Bange Roofing of South Florida. An administrative law judge of the Occupational Safety and Health Review Commission affirmed two citations and assessed a $8,149 penalty per citation against Florida roofing company All-Pro Construction Services Inc.
The U.S. Occupational Safety and Health Administration inspected All-Pro, which performed roofing work on new residences built in the central Florida area, in January and February 2018. They issued two citations and a penalty notice in April 2018 alleging serious violations of the agency’s fall protection standard, according to review commission documents.
All-Pro denied the allegations and pleaded the affirmative defense of unpreventable employee misconduct, which the administrative law judge rejected after finding that the company failed to establish it had a fall protection rule in place at the time of the inspections and that it adequately communicated its alleged rule to its employees.
The judge also rejected the defense because All-Pro failed to establish it took all reasonable steps to discover noncompliance. This includes the company’s admission that it did not have a supervisor at either worksite and did not produce evidence that steps were taken to shore up its fall protection measures after the first inspection.
The judge also concluded All-Pro failed to establish that it enforced the rule against employees after All-Pro’s president testified that employees had been suspended and terminated for violating OSHA regulations in the previous five years. They provided no specific examples or dates or records of any disciplinary actions despite the company’s record retention rules, according to review commission documents.
The judge reduced the penalties assessed by 10% because no evidence was offered of a history of previous violations in the past five years. The judge’s decision became a final order of the review commission. They should actually be happy that they got that 10% reduction. Things like that don’t always bounce your way. Consider a ‘silver lining’ in otherwise grey news for the company.
Luckily, we at David Bange don’t have to worry about that and neither do you. We are professionals that make sure all safety precautions are taken. Our employees are top-notch and we do everything and then some to make sure that not only are they protected, but so is the home owner who’s roof we are working on.
We are licensed, bonded and insured as well as providing all the safety necessities for our roofing contractors. Call us now for all of your roofing needs and questions. We are a top of the line roofing contractor in the South Florida area. Click Here to set up a consultation regarding a roof replacement or repair. We will return your inquiry immediately.
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